New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 600 - COASTAL LANDS AND TIDAL WATERS/WETLANDS
Part Env-Wt 606 - OVERWATER STRUCTURES IN COASTAL AREAS
Section Env-Wt 606.17 - Project Classifications

Universal Citation: NH Admin Rules Env-Wt 606.17

Current through Register No. 13, March 27, 2025

(a) The following projects shall be classified as major:

(1) All new overwater structure construction in tidal waters/wetlands; and

(2) Any maintenance, repair, or replacement of an existing legal docking structure that requires review by NHF & G, NHB, or National Marine Fisheries Service and impacts a protected species or habitat.

(b) Maintenance, repair, and replacement in-kind of existing legal docking structures shall be classified as minimum impact, provided:

(1) No work is proposed that would be prohibited under RSA 482-A:26;

(2) No change in location, configuration, construction type, or dimensions is proposed;

(3) No authorization is required from NHF & G to amend the standard time of year restriction in Env-Wt 307.04; and

(4) The applicant certifies in writing that:
a. The existing structures would be considered grandfathered in their current configuration and have not been abandoned; or

b. The existing structures were constructed pursuant to a previously-issued wetlands permit and have not been abandoned.

(c) Maintenance, repair, or replacement in-kind of an existing legal docking structure shall be classified as a minor impact if the project:

(1) Exceeds any of the criteria in (b), above; or

(2) Requires review by NHF & G, NHB, or National Marine Fisheries but does not impact a protected species or habitat.

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